Estate of Sanders

Appellants, Sara Sanders and her sons Darren and David, appeal from an order of the Superior Court of San Diego County denying their motion to set aside the court’s previous orders admitting the will of Mary Sanders to probate and ordering final distribution. Appellants moved to set aside the probate orders after they learned that respondent Frank Sutton, the executor, would inherit the bulk of the estate. Appellants allege that by concealment and misrepresentation Sutton prevented them from contesting the will within the statutory period. We conclude that appellants’ allegations are sufficient to establish extrinsic fraud and we reverse the order.

I

The facts are undisputed. In 1957, Mary Sanders suffered a “ruptured intracranial aneurysm” and was placed in an institution where she remained until her death on January 17, 1983. Her son, Gary Sanders, served as her conservator until his death in 1978. Respondent Sutton, Mrs. Sanders’ nephew, was then appointed her conservator. At the time of respondent’s appointment, Mrs. Sanders had a holographic will which left her entire estate to her son Gary. Sara Sanders, Gary’s widow, knew that under this will her sons would…